Marriage in US with business Visa or marriage overseas?

[Kalvin Hobbes 0]

Hi Everyone,

My girlfriend will be in the US on a business visa and we would like to marry and then apply for a family-based visa for permanent US residence. But there are two problems. The first problem is that she is here on a business visa and not a fiancee' visa, and the second problem is that her business visa itself was obtained through a friend's business and she isn't actually employed and she hasn't done any business here in the US on her current "business" trip. Because getting married with a business visa is already problematic, I'm worried that they'll investigate and find out that she is unemployed and hasn't done any actual business here and then deny her US residence based on visa fraud. Because of this, I'm thinking that it will be better to marry in her home city overseas and then live overseas and apply for a visa, to avoid any issues of visa fraud. What is your advice in this situation?

[Ryan H 3,892]

You two can get married in the US, it's not a problem getting married on a business visa; she will have to leave at before her authorized stay expires. When ready, you file the appropriate paperwork and pay the appropriate fee. She will ultimately interview for a spousal visa in her country.

[MIDUVIL 34]

Marry in us, she goes back to her country, and you fill out the forms.

[B & G 200]

If you are looking to just marry in the US, and then have her fly home to file the CR-1 visa paperwork, then you have nothing to worry. She can get married on a business visa.

Depending on your home state, getting a marriage license is very easy. She just needs her passport. Thats it. They won't check her visa, or her reason for travel to issue a marriage license.

[Harpa Timsah 13,260]

They are going to check out her previous visas anyway, and see that she did fraud to get it.

[XXXYYYZZZ 20]

She can enter the US and marry you in the US and go back home to file the CR-1 visa. This is not a problem. The CR-1 takes about 10-14 months before the visa is issued and she can still visit the US if she has another visa type.

The issue arises at point of entry. If she enters the US with intent to marry and stay this is fraud. If she has no intent to stay upon entry and then changes her mind after the the fact, gets married and stays this is legal in which an adjustment of status to change her visitor status to immigrant status.

It's up to the immigration officer at the airport to prove fraud. If she gets to immigration at a US airport and volunteers that she is getting married the officer may just send her home thinking she is intending to commit fraud even if she really will return home after marriage.

Every case is different. In yours I would suggest to K-1 fiancee visa. You can file for this now and she can visit you the US on her current visa and go home to complete the K-1 interview. The K-1 can take anywhere from 4-8 months. Research all visa types and see which is right for you. You have a lot of reading to do. One tip is don't get too excited about the K-3 visa type; I haven't heard of any approved. It's an all but dead visa type.

[XXXYYYZZZ 20]

I forgot to ask if she was issued a B1 visa only which is business or the more common B1/B2 visa type which is business and tourism combined. If it's B1/B2 just think of it as a tourist visa and she doesn't need any work related reason to visit the US.

I also read that she is already in the US?

[NikLR 13,234]

Actually it's not up to the CBP at the airport to prove fraud. If they feel she isn't being honest and is trying to immigrate they simply deny entry. She goes home.

However the issue remains she fraudulently obtained this current visa.

Why not get a k1 visa or have you never met before?